Neutral Citation No. - 2025:AHC:109071 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40656 of 2023 Applicant :- Rakesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.105 of 2022, under Section 302 I.P.C. and 3/25 Arms Act, Police Station Atrauliya, District Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed the murder of daughter of the informant in the night of 24.03.2022 at about 11:00 p.m. as he demanded Rs.1 lakh from her to construct house. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed as it was instituted the next day at 1:21 p.m. The said delay of about fourteen hours has not been explained. The FIR does not mention about the modus operandi of the offence. It did not even mention the weapon used in the offence. 6. Learned counsel for the applicant has further stated that even the inquest report does not mention about any firearm injury, rather it has been shown to have been caused by a spade. The post-mortem report indicates that the deceased had sustained one gun shot injury and a metallic bullet was recovered from the cranial cavity, as such, the prosecution story stands falsified. 7. Learned counsel for the applicant has also indicated several contradictions in the statements of the witnesses. It has come up in the statement that the applicant was arrested on 25.03.2022 itself, but he has been shown to have been arrested on 27.03.2022 that too after a delay of two days. 8. Learned counsel for the applicant has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 27.03.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the contradictions between inquest and post-mortem report, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Rakesh Sharma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 9.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad